The provision of the Services by the Contractor is based on the terms and conditions set forth below:
1. LIST OF UNACCEPTABLE MATERIALS IN THE PROVISION OF SERVICES
1.1. All Services provided by the Contractor shall be used only for legal purposes and shall not contradict the current legislation of Ukraine and international legislative acts.
1.2. The Subscriber is prohibited from performing actions to place electronic (digital) information in violation of copyright and (or) related rights, or other intellectual property rights of third parties. This includes, but is not limited to, the illegal distribution of music, books, photographs, magazines or any other copyrighted work. Attempting to sell counterfeit products will result in immediate termination of your account. Any account found to be in violation of copyright will be partially or completely banned. Any account found to be in repeated copyright infringement will be blocked and/or removed from our hosting.
1.3. It is forbidden to use shared hosting accounts for storing backups or as a data storage.
1.4. List of websites that are unacceptable:1.4.1. Pyramid sites, prize draws, "mutual aid" sites.
1.4.2. Sites aimed at hackers.
1.4.3. Websites that distribute smoking mixtures, narcotic substances and marijuana seeds, or websites advertising similar activities.
1.4.4. Phishing sites (clones of existing sites).
1.4.5. Services with automatic payment of funds.
1.4.6. Sale of any goods, works, services that require a license without a corresponding license. The Contractor shall have the right at any time to request a copy of the Subscriber's license confirming the legality of the Subscriber's activities subject to licensing in accordance with the law. Failure of the Subscriber to provide a copy of such a license within the period specified in the request, or the inconsistency of the person to whom the License was issued with the data specified by the Subscriber during registration, shall be grounds for refusal to provide the Subscriber with services.
1.4.7. Currency and cryptocurrency exchange websites.
1.4.8. Websites, Internet pages or domain names in respect of which there are open (unresolved) claims or disputes, including litigation.1.5. The Contractor reserves the right to refuse to provide the Services at any time (in whole or in part), in particular, the Contractor has the right to block domain names without the Subscriber's consent if the Subscriber's website contains materials that, in the Contractor's opinion, are obscene, threatening or defaming the honor, dignity and business reputation of a person, contain slander, as well as materials that promote hatred, violence, aggression, racism, separatism, and/or materials that violate the requirements for the provision of the Services.1.6. Subscribers are fully responsible for all actions that took place through their Service Control Panels. This includes in the event that the login and password to the Service Control Panel became known to third parties or an unauthorized access to the website was made due to a vulnerability in its software code. The Subscriber should update their website to the latest software versions and use complex passwords that will be difficult for an attacker to guess, as well as use all available security systems to prevent the use of the login and password, namely: restricting access to FTP from certain IP addresses, using two-factor protection with one-time passwords. In case of detection of unauthorized access to the account, the Contractor has the right to restrict access to it until the Subscriber takes appropriate measures.
1.2. The Subscriber is prohibited from performing actions to place electronic (digital) information in violation of copyright and (or) related rights, or other intellectual property rights of third parties. This includes, but is not limited to, the illegal distribution of music, books, photographs, magazines or any other copyrighted work. Attempting to sell counterfeit products will result in immediate termination of your account. Any account found to be in violation of copyright will be partially or completely banned. Any account found to be in repeated copyright infringement will be blocked and/or removed from our hosting.
1.3. It is forbidden to use shared hosting accounts for storing backups or as a data storage.
1.4. List of websites that are unacceptable:
1.4.2. Sites aimed at hackers.
1.4.3. Websites that distribute smoking mixtures, narcotic substances and marijuana seeds, or websites advertising similar activities.
1.4.4. Phishing sites (clones of existing sites).
1.4.5. Services with automatic payment of funds.
1.4.6. Sale of any goods, works, services that require a license without a corresponding license. The Contractor shall have the right at any time to request a copy of the Subscriber's license confirming the legality of the Subscriber's activities subject to licensing in accordance with the law. Failure of the Subscriber to provide a copy of such a license within the period specified in the request, or the inconsistency of the person to whom the License was issued with the data specified by the Subscriber during registration, shall be grounds for refusal to provide the Subscriber with services.
1.4.7. Currency and cryptocurrency exchange websites.
1.4.8. Websites, Internet pages or domain names in respect of which there are open (unresolved) claims or disputes, including litigation.
2. SENDING SPAM
2.1. Any Subscriber who sends unsolicited bulk emails (SPAM) will be immediately blocked with or without notice. Websites that are advertised through SPAM should not be hosted on our servers. Any account whose actions have led to the blacklisting of an IP address located in the IP address space of our company will be immediately blocked.
3. VIRUSES
3.1. In case the Contractor detects viruses in the Subscriber's account, the Contractor sends a message to the Subscriber about the detected viruses, shell scripts, other malicious software, with a request to respond to the letter as soon as possible and clean your account from viruses. Non-response or improper response of the Subscriber to such letters may be grounds for blocking the sources of these viruses by the Contractor.
3.2. The Subscriber is fully responsible for all actions that occurred on their accounts, including cases of infection with viruses, shell scripts and other malicious and dangerous software. Including if the login and password to the account became known to third parties.
3.2. The Subscriber is fully responsible for all actions that occurred on their accounts, including cases of infection with viruses, shell scripts and other malicious and dangerous software. Including if the login and password to the account became known to third parties.
4. USE OF RESOURCES
The Subscriber shall not:4.1. Use more than 25% of system resources for more than 90 seconds.
4.2. Use more than 100 processor minutes per day on shared hosting.
4.3. Run any type of search indexers on shared hosting servers. The exception is search engines that index exclusively the subscriber's websites.
4.4. Execute SQL queries that take more than 15 seconds to complete.
4.5. Create MySQL databases containing more than 1000 tables. The total volume of all user databases should not exceed 30% of the disk space of the hosting plan.
4.6. The volume of updates made by the Subscriber's databases shall not exceed 500 MB per day. The calculation is based on the amount of data written to the MySQL binary log.
4.7. Store mail larger than 1 GB in a single mailbox.
4.8. Store mail whose total volume exceeds the disk space allocated for the website.
4.9. Create backup copies of data in the form of an archive if their size exceeds 3 GB. In the case of creating backup archives with a total volume of more than 10 GB per month, the Contractor reserves the right to refuse further archiving of files, while the Subscriber still has access to backup files for downloading via FTP.
4.2. Use more than 100 processor minutes per day on shared hosting.
4.3. Run any type of search indexers on shared hosting servers. The exception is search engines that index exclusively the subscriber's websites.
4.4. Execute SQL queries that take more than 15 seconds to complete.
4.5. Create MySQL databases containing more than 1000 tables. The total volume of all user databases should not exceed 30% of the disk space of the hosting plan.
4.6. The volume of updates made by the Subscriber's databases shall not exceed 500 MB per day. The calculation is based on the amount of data written to the MySQL binary log.
4.7. Store mail larger than 1 GB in a single mailbox.
4.8. Store mail whose total volume exceeds the disk space allocated for the website.
4.9. Create backup copies of data in the form of an archive if their size exceeds 3 GB. In the case of creating backup archives with a total volume of more than 10 GB per month, the Contractor reserves the right to refuse further archiving of files, while the Subscriber still has access to backup files for downloading via FTP.
5. RESTRICTIONS ON THE USE OF SERVICES
5.1. Resources that have no limits or are described in the tariff plan as "unlimited" are created so that the Subscriber does not worry about a sudden termination of the Service due to exceeding the limit. For example, a database or a mailbox because it has run out of space in the tariff plan.
However, the resources of servers and Internet channels cannot technically be unlimited, so the Contractor requires that Subscribers use the Contractor's resources taking into account that they are also needed by other clients of the Contractor, who should be given the opportunity to use these resources on an equal footing with the Subscriber.
In order to prevent increased consumption of resources by Subscribers, the Contractor reserves the right to restrict the Subscriber in the consumption of all or some resources.5.2. The limit at which resources will be limited is calculated based on consumption statistics. This statistics varies from month to month, but one rule remains mostly constant - 99.95% of the Subscribers consume the permissible amount of resources. The remaining 0.05% of Subscribers will receive an email from the Contractor with a request to reduce resource consumption within 48 hours.
If the Subscriber fails to reduce resource consumption within the specified time, or in case of systematic exceeding of the resource consumption limit, the Contractor reserves the right to suspend the provision of the Services or terminate the Agreement unilaterally.
However, the resources of servers and Internet channels cannot technically be unlimited, so the Contractor requires that Subscribers use the Contractor's resources taking into account that they are also needed by other clients of the Contractor, who should be given the opportunity to use these resources on an equal footing with the Subscriber.
In order to prevent increased consumption of resources by Subscribers, the Contractor reserves the right to restrict the Subscriber in the consumption of all or some resources.
If the Subscriber fails to reduce resource consumption within the specified time, or in case of systematic exceeding of the resource consumption limit, the Contractor reserves the right to suspend the provision of the Services or terminate the Agreement unilaterally.
6. RIGHTS AND OBLIGATIONS OF THE WEBSITE OWNER IN CASE OF RECEIVAL FROM THE EXECUTOR & nbsp; STATEMENT OF CESSATION OF VIOLATIONS COMMITTED BY THE WEBSITE OWNER AND LEGAL CONSEQUENCES OF Failure to Perform Actions PROVIDED BY THE LAW OF UKRAINE "ON COPYRIGHT AND RELATED RIGHTS"
6.1. Within 24 hours from the date of receipt from the Contractor of a copy of the application from a third party (hereinafter referred to as the "applicant") to terminate the infringement of copyright, related or other intellectual property rights, or violations in the field of Internet commerce (e-commerce) by the right holder or his legal representative, the Subscriber shall perform the following actions:
6.1.1. May refuse to satisfy the request to terminate the infringement if:- The Subscriber has a legal right to use the electronic (digital) information specified in the application, and has sent a notice to the applicant and provided information about himself/herself in the amount sufficient to file a claim (full name or name of the website owner, his/her place of residence (registration) or location, e-mail address, and for legal entities - the USREOU code or relevant information on the registration of the legal entity abroad in the country of its location);
- The Subscriber is not the owner of the website specified in such a statement, and the owner of the website does not respond to the statement of infringement sent by the Subscriber (in this case, the website or website shall be blocked by the Subscriber or the Contractor);
- the claim for termination of the infringement was filed in violation of the requirements set forth in Article 52-1 of the Law of Ukraine "On Copyright and Related Rights", of which the Subscriber informed the applicant in accordance with Part 5 of the said Article.
6.1.2. In the absence of the circumstances specified in clause 6.1.1. of these Terms, the website owner shall immediately, no later than 24 hours after receipt of the cease and desist notice, make it impossible to access the electronic (digital) information in respect of which the notice has been filed. The website owner shall notify the Contractor of the actions taken by sending a notification of the measures taken.
6.2. If the Subscriber does not take the actions provided for in clause 6.1. of the Terms, the Contractor shall independently block access to the electronic (digital) information specified in the application for termination of the violation.6.3. The Subscriber shall have the right to apply to the Contractor from whom he/she received information about the measures taken, with a notice of refusal on the grounds and in the form established by Art. 52-1 of the Law of Ukraine "On Copyright and Related Rights" (hereinafter - the Law), demanding restoration of access to electronic (digital) information. If such a request meets the requirements established by the Law, the Contractor shall immediately, no later than 48 hours after receiving it, send a copy to the applicant. If the notice does not meet the requirements established by the Law for the "Notice of Refusal", the Contractor shall inform the website owner thereof.
6.4. The Contractor shall restore access to electronic (digital) information on the tenth business day from the date of sending a copy of the "Notice of Refusal" to the claimant, unless during this time the claimant has provided the Contractor with a confirmation of the commencement of court proceedings to protect his rights to the copyrighted object(s) and (or) related rights in respect of the electronic (digital) information in respect of which the claim for termination of infringement was filed.
6.1.1. May refuse to satisfy the request to terminate the infringement if:
6.2. If the Subscriber does not take the actions provided for in clause 6.1. of the Terms, the Contractor shall independently block access to the electronic (digital) information specified in the application for termination of the violation.
6.4. The Contractor shall restore access to electronic (digital) information on the tenth business day from the date of sending a copy of the "Notice of Refusal" to the claimant, unless during this time the claimant has provided the Contractor with a confirmation of the commencement of court proceedings to protect his rights to the copyrighted object(s) and (or) related rights in respect of the electronic (digital) information in respect of which the claim for termination of infringement was filed.
